International Emergency Economic Powers Act
Encyclopedia
The International Emergency Economic Powers Act (IEEPA), Title II of , is a United States federal law authorizing the President
to regulate commerce after declaring a national emergency in response to any unusual and extraordinary threat to the United States which has a foreign source.
the IEEPA is Title 50, sections 1701-1707. The IEEPA authorizes the president to declare the existence of an "unusual and extraordinary threat... to the national security, foreign policy, or economy of the United States" that originates "in whole or substantial part outside the United States." It further authorizes the president, after such a declaration, to block transactions and freeze assets to deal with the threat. In the event of an actual attack on the United States, the president can also confiscate property connected with a country, group, or person that aided in the attack.
The IEEPA falls under the provisions of the National Emergencies Act (NEA)
, which means that an emergency declared under the act must be renewed annually to remain in effect, and can be terminated by Congressional resolution.
in 1933, presidents had claimed the power to declare emergencies without limiting their scope or duration, without citing the relevant statutes, and without reporting to Congress. The Supreme Court in Youngstown Sheet & Tube Co. v. Sawyer
limited what a president could do in such an emergency, but did not limit the emergency declaration power itself. A 1973 Senate investigation found (in Senate Report 93-549) that four declared emergencies remained in effect: the 1933 emergency with respect to gold
, a 1950 emergency with respect to the Korean War
, a 1970 emergency regarding a postal
workers strike
, and a 1971 emergency in response to inflation
. Congress terminated these emergencies with the National Emergencies Act
, and then passed the IEEPA to restore the emergency power in a limited, overseeable form.
Once passed, the act became a convenient means for presidents to order embargo
s of specific countries. Later presidents used the act to shut down organizations and cut off support to individuals.
was accused of violating the act by trading in Iranian oil during the Iran hostage crisis
. He was one of many people pardon
ed by President Bill Clinton
in his last days in office.
The Department of Justice
has brought IEEPA charges against Americans who travelled to Iraq
in advance of the 2003 invasion
to act as human shield
s, on the basis that they spent money while in Iraq.
On August 23, 2006, Javed Iqbal was arrested through the U.S. Department of the Treasury
with a charge of conspiracy
to violate the IEEPA for airing material produced by al-Manar
(The Beacon) in New York City
during the 2006 Israel-Lebanon conflict
.
. When the law nearly expired in 1984, the President declared the expiration to be an emergency and reauthorized the entire set of regulations then in force. The same happened in 1994 when the law finally expired, and this presidential extension of export restrictions has continued ever since.
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
to regulate commerce after declaring a national emergency in response to any unusual and extraordinary threat to the United States which has a foreign source.
Provisions
In the United States CodeUnited States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
the IEEPA is Title 50, sections 1701-1707. The IEEPA authorizes the president to declare the existence of an "unusual and extraordinary threat... to the national security, foreign policy, or economy of the United States" that originates "in whole or substantial part outside the United States." It further authorizes the president, after such a declaration, to block transactions and freeze assets to deal with the threat. In the event of an actual attack on the United States, the president can also confiscate property connected with a country, group, or person that aided in the attack.
The IEEPA falls under the provisions of the National Emergencies Act (NEA)
National Emergencies Act
The National Emergencies Act is a United States federal law passed in 1976 to stop open-ended states of national emergency and formalize the power of Congress to provide certain checks and balances on the emergency powers of the President. The act sets a limit of two years on states of national...
, which means that an emergency declared under the act must be renewed annually to remain in effect, and can be terminated by Congressional resolution.
History
Congress enacted the law in 1977 as part of a reform to clarify the powers of presidents with regard to national emergencies. Starting with Franklin D. RooseveltFranklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
in 1933, presidents had claimed the power to declare emergencies without limiting their scope or duration, without citing the relevant statutes, and without reporting to Congress. The Supreme Court in Youngstown Sheet & Tube Co. v. Sawyer
Youngstown Sheet & Tube Co. v. Sawyer
Youngstown Sheet & Tube Co. v. Sawyer, , also commonly referred to as The Steel Seizure Case, was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article...
limited what a president could do in such an emergency, but did not limit the emergency declaration power itself. A 1973 Senate investigation found (in Senate Report 93-549) that four declared emergencies remained in effect: the 1933 emergency with respect to gold
Gold
Gold is a chemical element with the symbol Au and an atomic number of 79. Gold is a dense, soft, shiny, malleable and ductile metal. Pure gold has a bright yellow color and luster traditionally considered attractive, which it maintains without oxidizing in air or water. Chemically, gold is a...
, a 1950 emergency with respect to the Korean War
Korean War
The Korean War was a conventional war between South Korea, supported by the United Nations, and North Korea, supported by the People's Republic of China , with military material aid from the Soviet Union...
, a 1970 emergency regarding a postal
United States Postal Service
The United States Postal Service is an independent agency of the United States government responsible for providing postal service in the United States...
workers strike
Strike action
Strike action, also called labour strike, on strike, greve , or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became...
, and a 1971 emergency in response to inflation
Inflation
In economics, inflation is a rise in the general level of prices of goods and services in an economy over a period of time.When the general price level rises, each unit of currency buys fewer goods and services. Consequently, inflation also reflects an erosion in the purchasing power of money – a...
. Congress terminated these emergencies with the National Emergencies Act
National Emergencies Act
The National Emergencies Act is a United States federal law passed in 1976 to stop open-ended states of national emergency and formalize the power of Congress to provide certain checks and balances on the emergency powers of the President. The act sets a limit of two years on states of national...
, and then passed the IEEPA to restore the emergency power in a limited, overseeable form.
Once passed, the act became a convenient means for presidents to order embargo
Embargo
An embargo is the partial or complete prohibition of commerce and trade with a particular country, in order to isolate it. Embargoes are considered strong diplomatic measures imposed in an effort, by the imposing country, to elicit a given national-interest result from the country on which it is...
s of specific countries. Later presidents used the act to shut down organizations and cut off support to individuals.
Alleged violations
In 1983, financier Marc RichMarc Rich
Marc Rich is an international commodities trader and entrepreneur. He is best known for founding the commodities company Glencore. He was indicted in the United States on federal charges of illegally making oil deals with Iran during the late 1970s-early 1980s Iran hostage crisis and tax evasion...
was accused of violating the act by trading in Iranian oil during the Iran hostage crisis
Iran hostage crisis
The Iran hostage crisis was a diplomatic crisis between Iran and the United States where 52 Americans were held hostage for 444 days from November 4, 1979 to January 20, 1981, after a group of Islamist students and militants took over the American Embassy in Tehran in support of the Iranian...
. He was one of many people pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
ed by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
in his last days in office.
The Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
has brought IEEPA charges against Americans who travelled to Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
in advance of the 2003 invasion
2003 invasion of Iraq
The 2003 invasion of Iraq , was the start of the conflict known as the Iraq War, or Operation Iraqi Freedom, in which a combined force of troops from the United States, the United Kingdom, Australia and Poland invaded Iraq and toppled the regime of Saddam Hussein in 21 days of major combat operations...
to act as human shield
Human shield
Human shield is a military and political term describing the deliberate placement of civilians in or around combat targets to deter an enemy from attacking those targets. It may also refer to the use of civilians to literally shield combatants during attacks, by forcing the civilians to march in...
s, on the basis that they spent money while in Iraq.
On August 23, 2006, Javed Iqbal was arrested through the U.S. Department of the Treasury
United States Department of the Treasury
The Department of the Treasury is an executive department and the treasury of the United States federal government. It was established by an Act of Congress in 1789 to manage government revenue...
with a charge of conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
to violate the IEEPA for airing material produced by al-Manar
Al-Manar
Al-Manar is a Lebanese satellite television station affiliated with Hezbollah, registered as Lebanese Media Group Company, broadcasting from Beirut, Lebanon. It has an offering a "rich menu" of high production news, commentary, and entertainment. The self-proclaimed "Station of the Resistance" ,...
(The Beacon) in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
during the 2006 Israel-Lebanon conflict
2006 Israel-Lebanon conflict
The 2006 Lebanon War, also called the 2006 Israel-Hezbollah War and known in Lebanon as the July War #Other uses|Tammūz]]) and in Israel as the Second Lebanon War , was a 34-day military conflict in Lebanon, northern Israel and the Israeli-occupied territories. The principal parties were Hezbollah...
.
Current subjects of IEEPA emergencies
, commerce with the following countries and people is restricted under the IEEPA.States
- IranIranIran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...
(since 1979 for the Iran hostage crisisIran hostage crisisThe Iran hostage crisis was a diplomatic crisis between Iran and the United States where 52 Americans were held hostage for 444 days from November 4, 1979 to January 20, 1981, after a group of Islamist students and militants took over the American Embassy in Tehran in support of the Iranian...
and subsequent sponsorship of terrorism) - MyanmarMyanmarBurma , officially the Republic of the Union of Myanmar , is a country in Southeast Asia. Burma is bordered by China on the northeast, Laos on the east, Thailand on the southeast, Bangladesh on the west, India on the northwest, the Bay of Bengal to the southwest, and the Andaman Sea on the south....
(since 1997 for repressing democratic opposition) - SudanSudanSudan , officially the Republic of the Sudan , is a country in North Africa, sometimes considered part of the Middle East politically. It is bordered by Egypt to the north, the Red Sea to the northeast, Eritrea and Ethiopia to the east, South Sudan to the south, the Central African Republic to the...
(since 1997 for human rights violations and sponsoring terrorism) - RussiaRussiaRussia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
(since 2000 to prevent export of weapons-grade uranium) - ZimbabweZimbabweZimbabwe is a landlocked country located in the southern part of the African continent, between the Zambezi and Limpopo rivers. It is bordered by South Africa to the south, Botswana to the southwest, Zambia and a tip of Namibia to the northwest and Mozambique to the east. Zimbabwe has three...
(since 2003 for undermining democratic institutions) - SyriaSyriaSyria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
(since 2004 for sponsorship of terrorism and pursuit of weapons of mass destruction) - BelarusBelarusBelarus , officially the Republic of Belarus, is a landlocked country in Eastern Europe, bordered clockwise by Russia to the northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Its capital is Minsk; other major cities include Brest, Grodno , Gomel ,...
(since 2006 for undermining democratic institutions) - North KoreaNorth KoreaThe Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...
(since 2008 for risk of the proliferation of weapon-usable fissile material) - LibyaLibyaLibya is an African country in the Maghreb region of North Africa bordered by the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....
(2011 for attacks on unarmed civilians)
Classes
- persons that engage in or support proliferation of weapons of mass destructionWeapons of mass destructionA weapon of mass destruction is a weapon that can kill and bring significant harm to a large number of humans and/or cause great damage to man-made structures , natural structures , or the biosphere in general...
(since 1994) - persons involved in international narcotics traffic (since 1995)
- terrorists who threaten to undermine the Middle EastMiddle EastThe Middle East is a region that encompasses Western Asia and Northern Africa. It is often used as a synonym for Near East, in opposition to Far East...
peace process (since 1995) - extremists in the Republic of MacedoniaRepublic of MacedoniaMacedonia , officially the Republic of Macedonia , is a country located in the central Balkan peninsula in Southeast Europe. It is one of the successor states of the former Yugoslavia, from which it declared independence in 1991...
and the Western BalkansBalkansThe Balkans is a geopolitical and cultural region of southeastern Europe...
(since 2001) - persons generally that support or threaten to commit terrorismTerrorismTerrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
, including affiliates of al-QaedaAl-QaedaAl-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
(since 2001) - former officials of the Ba'ath government of IraqIraqIraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
(since 2003) - associates of Charles Taylor and persons who have unlawfully depleted the resources of LiberiaLiberiaLiberia , officially the Republic of Liberia, is a country in West Africa. It is bordered by Sierra Leone on the west, Guinea on the north and Côte d'Ivoire on the east. Liberia's coastline is composed of mostly mangrove forests while the more sparsely populated inland consists of forests that open...
(since 2004) - persons contributing to the conflictCivil war in Côte d'IvoireThe Ivorian Civil War was a conflict in Côte d'Ivoire that began on 19 September 2002. Although most of the fighting ended by late 2004, the country remains split in two, with a rebel-held north and a government-held south. Hostility increased and raids on foreign troops and civilians rose...
in Côte d'IvoireCôte d'IvoireThe Republic of Côte d'Ivoire or Ivory Coast is a country in West Africa. It has an area of , and borders the countries Liberia, Guinea, Mali, Burkina Faso and Ghana; its southern boundary is along the Gulf of Guinea. The country's population was 15,366,672 in 1998 and was estimated to be...
(since 2006) - persons contributing to the conflict in the Democratic Republic of the CongoDemocratic Republic of the CongoThe Democratic Republic of the Congo is a state located in Central Africa. It is the second largest country in Africa by area and the eleventh largest in the world...
(since 2006) - persons who threaten stabilization efforts in Iraq with violence (since 2007)
- persons involved in transnational criminal organizations (since 2011)
Exports in general
Many federal regulations dealing with export restrictions are based on IEEPA authority. This regulatory system was developed under the Export Administration Act of 1979Export Administration Act of 1979
The Export Administration Act of 1979 provided legal authority to the President to control U.S. exports for reasons of national security, foreign policy, and/or short supply. However, the 1990 farm bill The Export Administration Act (EAA) of 1979 (P.L. 96-72) provided legal authority to the...
. When the law nearly expired in 1984, the President declared the expiration to be an emergency and reauthorized the entire set of regulations then in force. The same happened in 1994 when the law finally expired, and this presidential extension of export restrictions has continued ever since.
Past subjects of IEEPA emergencies
- HaitiHaitiHaiti , officially the Republic of Haiti , is a Caribbean country. It occupies the western, smaller portion of the island of Hispaniola, in the Greater Antillean archipelago, which it shares with the Dominican Republic. Ayiti was the indigenous Taíno or Amerindian name for the island...
(1991–1994) - IraqIraqIraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
(1990-2004 for invading Kuwait) - KuwaitKuwaitThe State of Kuwait is a sovereign Arab state situated in the north-east of the Arabian Peninsula in Western Asia. It is bordered by Saudi Arabia to the south at Khafji, and Iraq to the north at Basra. It lies on the north-western shore of the Persian Gulf. The name Kuwait is derived from the...
(1990–1991, while occupied by Iraq) - LiberiaLiberiaLiberia , officially the Republic of Liberia, is a country in West Africa. It is bordered by Sierra Leone on the west, Guinea on the north and Côte d'Ivoire on the east. Liberia's coastline is composed of mostly mangrove forests while the more sparsely populated inland consists of forests that open...
(2001-2004 for human rights violations) - LibyaLibyaLibya is an African country in the Maghreb region of North Africa bordered by the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....
(1986-2004 for sponsoring terrorism) - NicaraguaNicaraguaNicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean...
(1985-1990 for aggressive activities in Central America) - PanamaPanamaPanama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...
(1988-1990 for military coup by Manuel NoriegaManuel NoriegaManuel Antonio Noriega Moreno is a Panamanian politician and soldier. He was military dictator of Panama from 1983 to 1989.The 1989 invasion of Panama by the United States removed him from power; he was captured, detained as a prisoner of war, and flown to the United States. Noriega was tried on...
) - Serbia and MontenegroSerbia and MontenegroSerbia and Montenegro was a country in southeastern Europe, formed from two former republics of the Socialist Federal Republic of Yugoslavia : Serbia and Montenegro. Following the breakup of Yugoslavia, it was established in 1992 as a federation called the Federal Republic of Yugoslavia...
(1992-2003 for sponsoring Serb nationalist groups) - Sierra LeoneSierra LeoneSierra Leone , officially the Republic of Sierra Leone, is a country in West Africa. It is bordered by Guinea to the north and east, Liberia to the southeast, and the Atlantic Ocean to the west and southwest. Sierra Leone covers a total area of and has an estimated population between 5.4 and 6.4...
(2001-2004 for human rights violations) - South AfricaSouth AfricaThe Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
(1985-1991 for maintaining apartheid) - UNITAUNITAThe National Union for the Total Independence of Angola is the second-largest political party in Angola. Founded in 1966, UNITA fought with the Popular Movement for the Liberation of Angola in the Angolan War for Independence and then against the MPLA in the ensuing civil war .The war was one...
(1993-2003 for interfering with UN peacekeeping efforts)